My client has been on SDA for several years and has had three 80% assessments. His last assessment was from 31/12/05 for 3 years. He lost his DLA following information from a neighbour and is appealing that decision. He was re-assessed for SDA following the DLA decision and has been assessed as only 55% disabled. This means that there are 2 conflicting medical reports by doctors for the DWP for the same period with no explanation as to why one is favoured over the other.

Apart from the fact that it appears that the doctor who did the latest assessment has been prompted to reduce the award by a memo from the DM, the decision issued in April takes effect from the date the last award began: 31/12/05.

We are submitting an appeal, but I have a problem with the effective date of the supersession. My understanding is that, unless there is a clear and unambiguous change of circumstances which the client is required to report, the supersession takes effect from the date of the superseding decision. My client maintains that there has been no improvement and no change of circs and so he could not be expected to report anything.

The second thing is that they have not issued a decision superseding the original, just a standard form (SDA17) saying that he cannot get SDA because he has been assessed as 55% disabled. Is that sufficient?
Any ideas welcome.